Criminal Code Act

Section 417

Any person who is found in any of the following circumstances-

(a) being armed with any dangerous or offensive weapon or instrument, and being so armed with intent to break or enter a dwelling-house, and to commit a felony therein;

(b) being armed as aforesaid by night, and being so armed with intent to break or enter any building whatever, and to commit a felony therein;

(c) having in his possession by night without lawful excuse, the proof of which lies on him, any instrument of housebreaking;

(d) having in his possession by day any such instrument with intent to commit a felony;

(e) having his face masked or blackened or being otherwise disguised, with intent to commit felony;

(f) being in any building whatever by night with intent to commit a felony therein; or

(g) being in any building whatever by day with intent to commit a felony therein, and having taken precautions to conceal his presence,

is guilty of a felony, and is liable to imprisonment for three years.

If the offender has been previously convicted of a felony relating to property, he is liable to imprisonment for seven years.

Chapter 38: Obtaining Property by false pretences; Cheating

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